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52 Val. U. L. Rev. 205 (2017-2018)
The Clean Energy Incentive Program: A Withdrawn Invitation to Technological Innovation and Market Transformation in the Electric Energy Industry

handle is hein.journals/valur52 and id is 217 raw text is: 









                               Article


 THE CLEAN ENERGY INCENTIVE PROGRAM:

           A  WITHDRAWN INVITATION TO

      TECHNOLOGICAL INNOVATION AND

      MARKET TRANSFORMATION IN THE

             ELECTRIC ENERGY INDUSTRYt

                            Michael  A. Mullett*

                            I.  INTRODUCTION

    Global  climate change  is perhaps the most  challenging, complex,  and
controversial issue to face humanity  since the dawn   of the nuclear age at
the conclusion  of World  War  II in 1945.1 It also proved to be one  of the


t   This is an Addendum to an article published by author Michael A. Mullett in Valparaiso
University Law Review Volume 51. See Michael A. Mullett, The Clean Energy Incentive
Program: A (Stayed) Invitation to Technological Innovation and Market Transformation in the
Electric Energy Industry, 51 VAL. U. L. REv. 405 (2017). The original article was submitted for
editing prior to the November 2016 Presidential election and its content was not modified
based on the results of the election, which dramatically changed the direction of American
national policy with respect to climate change when the Trump Administration succeeded
the Obama Administration in January 2017. Notably, this dramatic change was reflected in
the Trump  Administration's actions to withdraw the commitments made by former
President Obama  at the  Paris Climate Change Conference, rescind the Obama
Administration's Clean Power Plan Final Rule, and withdraw the Obama Administration's
Clean Energy Incentive Program Proposed Rule. Accordingly, this Addendum is intended
to describe and analyze the Trump Administration's dramatic shift in American national
policy as it affected the Obama Administration's Proposed Rule for the Clean Energy
Incentive Program as previously described and analyzed in the author's previously
published Volume 51 article.
    Michael A. Mullett practiced public interest law in Indiana for more than 30 years,
specializing in energy, utility and environmental law, prior to his retirement in 2014. In his
law practice, he represented exclusively non-profit organizations and community groups
committed to serving the economic, environmental and public participation interests of
ordinary people engaged in extraordinary cases and causes. His clients included the Citizens
Action Coalition, Hoosier Environmental Council, and the Sierra Club. He was named
Indiana Trial Lawyer of the Year in 1994 and Environmental Litigator of the Year in 1999 and
2004. He is also a long-time Adjunct Professor of Law at the McKinney School of Law of
Indiana University, teaching a Seminar in Public Utility Regulation and Deregulation. After
being awarded his Bachelor's and Master's degrees from the University of Michigan in 1966
and 1973, respectively, Mr. Mullett received his Juris Doctor degree from the McKinney
School in 1982 and his Masters of Law degree in Environmental and Natural Resources Law
from the Northwestern School of Law of Lewis & Clark College in 1999.
1   See Brian Kahn, Obama Just Tied Climate Change to National Security, CLMATE CHANGE
(Sept. 22, 2016), http://www.climatecentral.org/news/obama-climate-change-national-
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